MARSHALL, Texas - A Texas federal judge on Nov. 7 struck an expert's report as it pertains to Apple Inc.'s iTunes source code in a patent infringement lawsuit (ContentGuard Holdings, Inc. v. Amazon.com, Inc., et al., No. 13-1112, E.D. Texas; 2015 U.S. Dist. LEXIS 151259).
SHERMAN, Texas - A Texas federal judge on Nov. 10 found that two relators stated plausible claims for violation of the False Claims Act (FCA), denying a motion to dismiss the case filed by a bank (United States of America Ex rel., et al. v. Homeward Residential Inc., f/k/a American Home Mortgage Servicing Inc., et al., No. 4:12-CV-461, E.D. Texas; 2015 U.S. Dist. LEXIS 152117).
PHILADELPHIA - A Pennsylvania federal judge on Nov. 5 denied preliminary approval of a third amended class action settlement in a multidistrict litigation accusing Comcast Corp. of unlawfully tying the sale of premium cable to the rental of a set-top box from the company, finding that the settlement class was not ascertainable (In Re: Comcast Corp. Set-Top Cable Television Box Antitrust Litigation, No. 09-2034, E.D. Pa.; 2015 U.S. Dist. LEXIS 150160).
NEW YORK - The federal bankruptcy judge in New York presiding over the liquidation of Motors Liquidation Co., f/k/a General Motors Corp. (Old GM), on Nov. 9 ruled that with regard to the lawsuit against the company pertaining to defective ignition switches, punitive damages may be sought against New GM only to the extent that they are based on New GM's knowledge and conduct (In re: Motors Liquidation Company, et al., f/k/a General Motors Corp., et al., No. 09-50026, S.D. N.Y. Bkcy.).
SEATTLE - Whitley Manufacturing Co. Inc. was liable for violating the Clean Water Act (CWA) when it discharged storm water that came into contact with its industrial activities without a permit from July 20, 2008, until March 25, 2014, a federal judge in Washington ruled Nov. 9, when granting an environmental group's motion for partial summary judgment, finding that the water was a pollutant under the act (Puget Soundkeeper Alliance v. Whitley Manufacturing Co. Inc., No. C13-1690RSL, W.D. Wash.; 2015 U.S. Dist. LEXIS 151901).
MIAMI - A federal judge in Florida on Nov. 9 granted State Farm Mutual Automobile Insurance Co.'s motion for summary judgment in a suit it brought against a medical diagnostic services firm, two of its medical directors and two of its X-ray technicians and ordered the defendants to pay $1.4 million to the company, after finding that bills the defendants submitted to the insurer were noncompensable and unlawful (State Farm Mutual Automobile Insurance Company, et al. v. B&A Diagnostic Inc., n/k/a Oasis Medical Center Corp., et al., No. 14-cv-24387-KMM, S.D. Fla.; 2015 U.S. Dist. LEXIS 151743).
DENVER - An excess insurer has no duty to indemnify an underlying construction defects judgment because its policy limits have not been exhausted, a Colorado federal judge ruled Nov. 9, dismissing third-party breach of contract and bad faith claims against the insurer (The Phoenix Insurance Co., et al. v. Cantex Inc., et al. and Cantex Inc. v. Scottsdale Insurance Co. and Continental Casualty Co., No. 13-00507, D. Colo.; 2015 U.S. Dist. LEXIS 151729).
ATLANTA - The first bellwether trial in the Wright Conserve hip multidistrict litigation got under way Nov. 10 in the U.S. District Court for the Northern District of Georgia (In Re: Wright Medical Technology, Inc., Conserve Hip Implant Products Liability Litigation, MDL Docket No. 2329, Robyn Christiansen, et al. v. Wright Medical Technology Inc., et al., No. 13-297, N.D. Ga., Atlanta Div.).
BROOKLYN, N.Y. - A New Jersey man convicted for threatening three federal judges in his blog entries saw his bid to vacate the conviction denied by a New York federal judge on Nov. 10, with the judge finding the "mental state" standard of Elonis v. United States (135 S.Ct. 2001, 192 L.Ed.2d 1 ) to be inapplicable in the present case (United States of America v. Harold Turner, No. 1:09-cv-00650, E.D. N.Y.).
WASHINGTON, D.C. - A New Jersey federal judge properly deemed a patented method of treating diarrhea-predominant irritable bowel syndrome (IBS-D) with the drug Lotronex invalid, the Federal Circuit U.S. Court of Appeals concluded Nov. 10 (Prometheus Laboratories Inc. v. Roxane Laboratories Inc. et al., Nos. 14-1634, -1635 Fed. Cir.; 2015 U.S. App. LEXIS 19556).
ATLANTA - A trial court did not err in allowing an expert to testify on pain management in a criminal case against a doctor for unlawful dispensing of controlled substances, the 11th Circuit U.S. Court of Appeals held Nov. 10, affirming the convictions on conspiracy unlawful dispensation of controlled substances and sentencing against the doctor (United States of America v. Najam Azmat a/k/a Dr. Hazmat, No. 14-13703, 11th Cir.; 2015 U.S. App. LEXIS 19574).
CHICAGO - Although two generic testosterone replacement therapy products are reference listed drugs (RLDs), their manufacturers still cannot add new warnings and claims by plaintiffs in a multidistrict litigation are preempted by federal law, an Illinois federal judge ruled Nov. 9 (In Re: Testosterone Replacement Therapy Products Liability Litigation, No. 14-1748, N.D. Ill.; 2015 U.S. Dist. LEXIS 151414).
CHICAGO - The first bellwether trial in the Zimmer Inc. NexGen knee multidistrict litigation ended with a verdict for defendant Zimmer Inc. on Nov. 6 (Kathy L. Batty, et al. v. Zimmer, Inc., et al., No. 12-6279, N.D. Ill.).
WASHINGTON, D.C. - A decision by the International Trade Commission that affirmed findings by an administrative law judge (ALJ) that digital data is an "article" covered by Section 337 of the Tariff Act of 1930 was reversed and remanded Nov. 10 by a divided Federal Circuit U.S. Court of Appeals (ClearCorrect Operating LLC and ClearCorrect Pakistan [Private] Ltd. v. International Trade Commission and Align Technology Inc., No. 14-1527, Fed. Cir.).
SEATTLE - Recent case law clarifies that expiration of a man's personal injury claim also bars his widow's wrongful death action, a Washington appeals court held Nov. 9 (Geraldine Barabin, et al. v. AstenJohnson Inc., et al., Nos. 72626-9-1, 72720-6-1, 72721-4-1, 72722-2-1, 727224-9-1, 72725-7-1, Wash. App., Div. 1; 2015 Wash. App. LEXIS 2726).
WASHINGTON, D.C. - A class action is appropriate only when classwide injury may be determined in a single stroke, the attorney representing Tyson Foods Inc. in a donning and doffing dispute argued Nov. 10 before the U.S. Supreme Court (Tyson Foods, Inc. v. Peg Bouaphakeo, et al., No. 14-1146, U.S. Sup.).
PHILADELPHIA - Deceased individuals have no legal existence and actions filed by them are nullities and cannot be saved by subsequent amendments adding viable plaintiffs, the judge overseeing the federal asbestos multidistrict litigation held Nov. 6 (In re: Asbestos Products Liability Litigation (No. VI) Nicholas Destasio v. A-C Products Liability Trust, et al., No. MDL 875, 11-31250, Otto Schindler v. Foster Wheeler Co., et al., No. MDL 875, 11-33911, Dilbert v. Keystone Shipping Co., et al., No. MDL 875, 11-33924, E.D. Pa.).
OKLAHOMA CITY - A federal judge in Oklahoma on Nov. 5 allowed a geoscientist with 29 years of experience to testify in a suit over whether an environmental consulting company was negligent when finding that the former site of a dry cleaning business did not need to be remediated, holding that the expert was qualified and that he set forth a sufficient factual basis for his opinions (6001 May LLC, et al. v. Stamatis Enterprises Inc., et al., No. CIV-14-482-M, W.D. Okla.; 2015 U.S. Dist. LEXIS 150263).
SAN FRANCISCO - A California judge on Nov. 5 ordered the end of the conservatorship of an insurer and authorized a final $3.1 million distribution to a liquidating trust (Dave Jones, Insurance Commissioner of the State of California v. Majestic Insurance Company, No. CPF-11-511261, Calif. Super., San Francisco Co.).
THE HAGUE, Netherlands - The Permanent Court of Arbitration (PCA) on Nov. 6 said a tribunal has been constituted in an arbitration commenced by Italy against India under the United Nations Convention on the law of the Sea (UNCLOS) in relation to the death of two Indian fisherman (The Enrica Lexie Incident [Italy v. India], No. 2015-28, PCA).
SACRAMENTO, Calif. - A California federal judge on Nov. 5 dismissed claims for violation of California's unfair competition law (UCL) and other claims asserted by a tenant against his landlord and found that the case should be remanded to a state court (Ronald Yates Jr. v. Mammoth Community Water District, No. 2:15-cv-1762, E.D. Calif.; 2015 U.S. Dist. LEXIS 150584).
WASHINGTON, D.C. - The U.S. Food and Drug Administration on Nov. 10 announced that it has issued first product marketing orders through its premarket tobacco application pathway in relation to eight smokeless tobacco products.